PFAS Restrictions Advance as EU Regulatory Framework Takes Shape

Recent developments in EU chemicals regulation signal a significant shift in how per- and polyfluoroalkyl substances (PFAS) will be managed across multiple sectors, particularly food packaging. 

PPWR Aligns Closely with REACH PFAS Limits

Under the Packaging and Packaging Waste Regulation (PPWR), new PFAS limits for food packaging will apply from August 12, 2026, mirroring the thresholds proposed under the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) Regulation. Food packaging will be prohibited if it contains:

• 25 ppb for any individual PFAS (or 250 ppb as a sum), or
• 50 ppm total fluorine, unless further investigation demonstrates that the fluorine is inorganic.

The European Commission has issued draft enforcement guidance proposing a stepwise testing approach, beginning with total fluorine analysis and escalating, if necessary, to more detailed PFAS-specific methods. While the guidance is not legally binding, it is expected to be widely followed by Member State authorities and is likely to influence enforcement under both PPWR and REACH.

Transition Periods and Stockpiling Considerations

The PPWR includes a transition period that allows certain packaging placed on the market before August 2026 to remain available without withdrawal. However, stockpiling strategies differ significantly between PPWR and REACH, with REACH generally offering more limited flexibility. Clear understanding of when a product is considered “placed on the market” will be critical for compliance planning.

ECHA Opinions Mark a Key Milestone

On March 26, 2026, the European Chemicals Agency (ECHA) published its final Risk Assessment Committee (RAC) opinion and a draft Socio-Economic Analysis Committee (SEAC) opinion on the proposed PFAS restriction. The SEAC opinion evaluates alternatives, socio economic impacts, and proposed derogations across 14 sectors, while noting that eight additional sectors introduced in a 2025 amendment were not assessed and will require further consideration by the European Commission.

Notably, SEAC frequently questions whether proposed derogations are justified, citing data gaps and insufficient evidence in several cases. By contrast, the RAC opinion takes a firm position that PFAS releases present ongoing and increasing risk due to their persistence, and that releases are not adequately controlled.

Public Consultation and Next Steps

A second public consultation on the draft SEAC opinion is open until May 25, 2026, offering stakeholders an important opportunity to provide data on uses, alternatives, and the need for derogations. Following the finalization of ECHA’s opinions, the restriction proposal will move to the European Commission, where extensive discussions with Member States are expected.
While the regulatory direction is now clear, the final PFAS restriction regulation is not expected before 2029 or 2030, followed by an additional transition or sell-off period. In the meantime, companies should closely track developments, engage in consultations, and begin assessing long-term substitution and compliance strategies.

Click here to view the recording of the most recent REACH 30/30 webinar covering PFAS developments, presented by Keller and Heckman Partner Ales Bartl, Ph.D.

For more information or to discuss how these PFAS developments may affect your business, please contact Ales Bartl at bartl@khlaw.com or +32 (0) 2 645 5085.

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